• Journal of Arbitration Studies
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• v.14 no.1
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• pp.245-272
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• 2004

This study is focused on the cases that Korean hotels stepped into international airports, public facilities, and successfully solved the contract related disputes by using arbitration in accordance with arbitration law. This case study on arbitration derives the hotel management strategy points as follow: 1. It must be a good chance for a famed hotel to step into international airports that have big publication effect. The feasibility study focused on marketing feasibility rather than finance feasibility may, however, not be good. 2. Written contract is required in entering into a contract with government organizations. However, oral contract still exists. 3. If the contract is made to always pay the higher amount between annual minimal guarantee and sales rate in expenses of store using charge, such contract shall cause very hard sales environment from the initial stage of the contract. 4. The airports have made optional contracts for national service. Such optional contracts are, however, not free from public criticism. 5. This case study is the first case study on arbitration applied to hotels. This study shall be, therefore, frequently referred to in setting a management strategy of hotels that want to run restaurants in another facility outside themselves.

• Journal of Arbitration Studies
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• v.29 no.4
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• pp.101-120
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• 2019

This study examines the development strategies of the arbitration industry in Singapore and Hong Kong, and its purpose is to provide implications for the development of the arbitration industry in South Korea. The main strategies implemented by Singapore and Hong Kong to develop the arbitration industry are as follows: first, improvement of the arbitration law system; second, active support of the government for promoting the arbitration industry; third, build up of an effective arbitration expert training system; and fourth, an arbitration-friendly attitude of the court. In order for South Korea to become an international arbitration hub in Northeast Asia, it is necessary to refer to the above-mentioned strategies. In addition, South Korea needs to develop marketing strategies that can differentiate itself from Singapore and Hong Kong, such as the development of an arbitration system in connection with the 4th Industrial Revolution, differentiation of the disputes sector, use of geographical advantages and a penetration pricing strategy, and support of the Korean Commercial Arbitration Board. In terms of marketing strategy, there are few studies on the development strategy of the arbitration industry in South Korea. In this respect, this study has academic value and differentiation.

• Journal of Arbitration Studies
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• v.26 no.3
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• pp.93-119
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• 2016

Park Tae-hwan, the Korean Olympic gold medal swimmer, was suspended for eighteen months by the International Swimming Federation (FINA) in September 2014. Park completed his suspension in March 2016, but the Korea Olympic Committee (KOC), relying on its Article 5.6, then prohibited him from joining the national team for an additional three years for the same doping violation. The KOC's penalty exceeded that provided by the World Anti-Doping Code, which governs the Olympics and most international sports federations, and contravened well-established precedent from the Court of Arbitration for Sport (CAS). The KOC, along with the Korea Swimming Federation, maintained the suspension until decisions by the Seoul Eastern District Court and CAS forced them to retract the penalty. We describe the sports regulations and arbitration decisions governing the Park case, how each side used the law to support their positions, the flaws in the KOC's legal analysis, and the case's resolutions by the Korean court and CAS. Finally, because this legal conflict has damaged the KOC's reputation, created uncertainty over the committee's doping penalties, and undercut the authority of the World Anti-Doping Code and the CAS in Korea, we recommend institutional changes in Korea's sports jurisprudence.

• Journal of Arbitration Studies
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• v.33 no.3
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• pp.31-68
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• 2023

In recent years, French courts have decided to adopt an uncompromising stance in the fight against corruption in international arbitration. While French enforcement/annulment courts were originally conducting a limited review of arbitral awards dealing with corruption allegations on international public policy grounds, they now carry a full re-examination of such awards accepting that a corruption plea be raised for the first time before them and admitting new evidence. What is at stake, in terms of international public policy, is to define the happy medium between, on the one hand, the necessity to preserve the enforceability of international arbitral awards, and, the necessity to fight corruption. This paper presents the evolution of French case law in the past years and makes a critical assessment of the French approach by comparison with other jurisdictions.

• The Korean Journal of Financial Studies
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• v.2 no.2
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• pp.213-220
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• 1995

• Ocean and Polar Research
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• v.35 no.4
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• pp.313-322
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• 2013

The concept of effective control is a crucial element for the acquisition as well as maintenance of territorial title. The general meaning of the concept has been described as 'an intentional display of power and authority over the territory, by the exercise of jurisdiction and State functions, on a continuous and peaceful basis'. The concept has been developed through some significant international cases such as the Island of Palmas case (1928), Legal Status of Eastern Greenland (1933), Minquiers and Ecrehos case (1953), Burkina Faso/Mali case (1986) and Nicaragua/Colombia case (2012). In relation to Dokdo, the concept has an important bearing in regard to Korea's claims of territorial sovereignty over the island. This paper reviews the definition, components and ramifications of the effective control with regard to the acquisition and maintenance of territorial title through analyzing the relevant judgements of international courts and tribunals. Furthermore, it exams the legal ramifications of the current effective control on Dokdo and makes some suggestions for the strengthening of Korea's position on the island.

• Journal of Physiology & Pathology in Korean Medicine
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• v.37 no.6
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• pp.185-192
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• 2023

The purpose of this study is to analyze trends in domestic and international clinical research studies on pharmacopuncture treatment for fractures. We searched five online databases (PubMed, CNKI, RISS, KISS, and OASIS), and selected a total of 13 clinical research studies from Korea and China. Selected studies were analyzed according to publication year, subject, intervention, treatment method, evaluation scale, adverse event, risk of bias, etc. A total of 10 case studies and 3 randomized controlled trials were included. The study subjects were more often female, and the most common type of fracture was vertebral compression fracture. In Korea, herbal medicine preparations and bee venom were used for pharmacopuncture solution, whereas in China, both herbal medicine preparations and Western medicine preparations were used. All studies commonly used local acupoint needling, and in most cases, the treatment period for case study was less than 1 month, and the observation period of randomized controlled trials was diverse. The most frequently used evaluation scale was numeric rating scale, adverse events were mentioned in only three studies, and no adverse events were reported. Overall risk of bias of all included randomized controlled trials was judged "some concerns". According to this study, pharmacopuncture treatment for fractures was found to be relatively effective and safe, but research that complements the limitations of this study is needed.

• Journal of The Korean Association of Information Education
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• v.19 no.4
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• pp.533-544
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• 2015

In this study, the direction for hierarchical curriculum organization about software education in Korea was suggested in terms of overall execution of software education. The international case studies especially was conducted in order to suggest the propel educational programming language for level of students in the programming activity. In terms of the international case studies, the type of programming language was examined, which is suggested to each school level as a part of required regular curriculum. Then, the direction was supposed to suggest the instructional system organization of software education for Korea through the result of case studies. The results of case studies indicated that elementary school use the block based programming language, and text based programming languages are used from middle school.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.73
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• pp.43-63
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• 2017

Amidst dynamic business environment, creating competitive advantage, source of competitiveness, is a critical issue for international port operations. To overcome limitations of prior studies adopted cross-sectional approach, this study reviews a way to continually sustain and create competitive advantage, based on the case of Busan port in South Korea. Development plans, operations and management practices from2005 to 2014 were investigated and reviewed. Results revealed that enhancement of infrastructure, new engine to sustainable growth, green and safety, and partnership enhancement were a source of creating competitive advantage. The results help theoretical advances on competitiveness and its durability, and provide useful insights for creating competitive advantages and future improvement in international port operations.

• Journal of Arbitration Studies
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• v.8 no.1
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• pp.87-122
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• 1998

This study reports on the Arbitration system in the China International Economic and Trade Arbitration commission (CIETAC) and the International Arbitration problems of Korea and China. The Chines laws including Arbitration laws are influenced by the civil Code system Particulary the German system. China is contracting state of the U N Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958 New York Convention), which became effective in the China April 22, 1987. International Commercial Arbitration is popular in China. CIETAC is the sole International Commercial Arbitration body in China. CIETAC has two sub-commissions, on is shen zhem S E Z and the other in shanghai. The CIETAC rules, are similar to the rules in effect in Countries using a civil Code system. Both an agreement to submit an existing dispute to Arbitration and an Arbitration clause in a contract relating to future disputes are recognizeal as valiad Arbitration agreements. CIETAC has the power to make a decision on disputes concering the validity of the Arbitration agreements, or jurisdiction over a specicific case.